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Status: You are viewing the version of the handbook as on 2019-09-14.

FEES 2.3 Relieving Provisions

Remission of Fees and levies2

FEES 2.3.1RRP

If it appears to the FCA 5 or48 the FSCS (in relation to any FSCS levy only) 2 that in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy2,3 FOS levy, CFEB levy, SFGB levy or DA levy7 would be inequitable, the FCA 5 or48 the FSCS2 as relevant, may (unless FEES 2.3.2B R applies)1 reduce or remit all or part of the fee or levy in question which would otherwise be payable.

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FEES 2.3.2RRP

If it appears to the FCA 5 or48 the FSCS (in relation to any FSCS levy only)2 that in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA 5 the FSCS,2 or the CFEB3, as relevant, of a fee, FSCS levy2,3 FOS levy, CFEB levy, SFGB levy or DA levy7 which has been paid would be inequitable, the FCA 5 the FSCS2 or the CFEB3, may (unless FEES 2.3.2B R applies)1 refund all or part of that fee or levy.

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FEES 2.3.2AGRP

1A poor estimate or forecast by a fee or levy 2payer, when providing information relevant to an applicable tariff base, is unlikely, of itself, to amount to an exceptional circumstance for the purposes of FEES 2.3.1 R or FEES 2.3.2 R. By contrast, a mistake of fact or law by a fee or levy 2payer may give rise to such a claim.

FEES 2.3.2BRRP

1The FCA 5or the FSCS 2may not consider a claim under FEES 2.3.1 R and/or FEES 2.3.2 R to reduce, remit or refund any overpaid amounts paid by a fee or levy2 payer in respect of a particular period, due to a mistake of fact or law by the fee or levy2 payer, if the claim is made by the fee or levy2 payer more than 2 years after the beginning of the period to which the overpayment relates.

FEES 2.3.2CR

6For FEES 7A and FEES 7B,7 the FCA is entitled not to consider a claim under FEES 2.3.1R or FEES 2.3.2R to refund any overpaid amounts due to a mistake of fact or law by the fee-paying firm if the claim is made more than two years after the beginning of the period to which the SFGB levy or DA levy7 subject to the claim relates.

FEES 2.3.3G

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